Ciccarelli Law Offices is a Chester County PA DUI Law firm consisting of Chester County based DUI criminal attorneys defending clients living or charged in Chester County Pennsylvania with DUI, DUI arrest, Drunk Driving, DUI – DUS, DUI suspensions, first, second, third and fourth offenses of DUI, DUI aggravated assault and DUI vehicular homicide. We have four convenient Chester County locations including West Chester, Kennett Square, Exton and Coatesville PA and serving Paoli, Phoenixville, Downingtown, Malvern, Honey Brook, Parkesburg, Oxford, Berwyn and Devon. In addition to Chester County, we also serve Delaware, Lancaster, Montgomery and Philadelphia Counties with locations in Springfield, Wayne, King of Prussia, Plymouth Meeting, Lancaster and Philadelphia. Disclaimer. Ciccarelli Law Offices.
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DUI Punishment in Chester County Pennsylvania
Chester County DUI laws carry significant punishment, even for first time offenders. In many cases, even a first time offender can face mandatory jail time and mandatory suspension of their right to drive for a period of twelve (12) months or more. Below is a listing of many of the statutory provisions facing someone charged with a DUI related offense or learn more here about the mandatory offenses facing a DUI driver.
(75 Pa.C.S. Section 3802) (a) - General Impairment - (1) An individual may not be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the vehicle; (2) An individual may not be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least .08% but less than .10% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.
(75 Pa.C.S. Section 3802) (b) - High Rate of Alcohol - An individual may not be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least .10% but less than .15% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.
(75 Pa.C.S. Section 3802) (c) - Highest Rate of Alcohol - An individual may not be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least .16% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.
(75 Pa.C.S. Section 3802) (d) - Controlled substances - An individual may not be in actual physical control of the movement of a vehicle under any of the following circumstances: (1) there is in the individual's blood any amount of a (i) Schedule I controlled substance, as defined in the Controlled Substance, Drug, Devise and Cosmetic Act or (ii) Schedule II or Schedule III controlled substance, as defined in the Controlled Substance, Drug, Devise and Cosmetic Act which has not been medically prescribed for the individual or (iii) metabolite of a substance under paragraph (i) or (ii).
(75 Pa.C.S. Section 3802) (e) - Minors - A minor (an individual under 21 years of age) may not be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is .02% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.
Refusal of Breath, Blood or Urine Test - If you refused to take a breath, blood or urine test after being arrested for DUI in Pennsylvania, your license will be suspended for a period of not less than 1 year and a 3 days mandatory incarceration. A person should take immediate action if chemical tests were refused. The arresting officer must forward Notice of Refusal (DL-26 Form), to inform Pennsylvania Department of Transportation (PennDOT) of driver's refusal. Once received, PennDOT forwards order to driver that licence shall be suspended in 30 days from the date of correspondence. Driver has 30 days from correspondence date to appeal in a civil proceeding.
If you're like many drivers arrested for Chester County Pennsylvania DUI, you may be tempted to plead guilty just to put the experience behind you. That's completely understandable, but you should know that there may be excellent reasons to fight your case. To learn more about aggressive defenses to DUI charges, please contact the Chester County Pennsylvania DUI attorneys at Ciccarelli Law Offices today for a free consultation.
Gain the over 25 years of combined Criminal Law experience from the Ciccarelli Legal Team.
Contact Lee Ciccarelli and the Ciccarelli Law Offices Criminal Defense Team to discuss your problem, to confidentially and professionally discuss the dui, drunk driving or driving while intoxicated charges, arrest, and legal issues facing you and your family. We have an attorney on call 24/7. Contact us on line or by phone at (610) 692-8700 for a free consultation at one of our Chester County locations.